2024-cv-00147
日期 | 描述 |
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06/04/2024 | DOCUMENT ENTERED IN ERROR. |
05/02/2024 | MAILED patent report to Patent Trademark Office, Alexandria VA |
05/01/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 5/1/2024.Mailed notice |
05/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [39] is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $20,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated.Mailed notice |
04/08/2024 | AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for default judgment as to defaulting defendants 39 |
04/08/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 39 against the remaining defendants identified in Schedule A attached to Plaintiff's memorandum in support of its motion 40. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 4/19/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 4/10/24. Emailed notice. |
04/05/2024 | AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for default judgment as to defaulting defendants [39] |
04/05/2024 | NOTICE of Motion by Shengmao Mu for presentment of motion for default judgment[39] before Honorable LaShonda A. Hunt on 4/10/2024 at 10:00 AM. |
04/05/2024 | MEMORANDUM motion for default judgment[39] by Gulan Liao |
04/05/2024 | MOTION by Plaintiff Gulan Liao for default judgment as to defaulting defendants |
03/27/2024 | NEW PARTIES: GuangZhouJiaGeShangMao, guchengxianchangxinshangmaoshanghang, Jingbu department store, QIQI-USS, QXINSM and Shanghai Hengdi Trading Co., Ltd added to case caption. Terminating The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint |
03/26/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case [37]. Summons were issued on 2/27/24 and Defendants' responses to the complaint are due by 4/4/24 [33]. By 5/3/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. |
03/26/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 3/26/2024. Emailed notice. |
03/26/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [30], which the Court now considers unopposed because no Defendant filed a notice of objection by the 3/25/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court on the record and in connection with entry of the TRO [22] [23], the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [26] [35] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Second Amended Schedule A [20] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
03/21/2024 | AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for preliminary injunction 30 |
03/15/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 30 is taken under advisement. A telephonic motion hearing is set for 3/26/24, at 9:30 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 3/25/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 3/21/24. Emailed notice. |
03/14/2024 | SUMMONS Returned Executed by Gulan Liao as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint on 3/14/2024, answer due 4/4/2024. |
03/14/2024 | NOTICE of Motion by Shengmao Mu for presentment of motion for preliminary injunction[30] before Honorable LaShonda A. Hunt on 3/21/2024 at 10:00 AM. |
03/14/2024 | MEMORANDUM motion for preliminary injunction[30] by Gulan Liao |
03/14/2024 | MOTION by Plaintiff Gulan Liao for preliminary injunction |
03/04/2024 | SURETY BOND in the amount of $ 10,000.00 posted by Gulan Liao. (Document not imaged) |
03/05/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order 24 is granted. The TRO is extended to 3/24/24 for the reasons stated in the order granting the initial TRO 22 23. No appearance is necessary on 3/7/24. Emailed notice. |
03/04/2024 | NOTICE of Motion by Shengmao Mu for presentment of extension of time[24] before Honorable LaShonda A. Hunt on 3/7/2024 at 10:00 AM. |
03/04/2024 | AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for extension of time [24] |
03/04/2024 | MEMORANDUM extension of time[24] by Gulan Liao |
03/04/2024 | MOTION by Plaintiff Gulan Liao for extension of time |
02/27/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint |
02/26/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 2/26/2024. Emailed copy to plaintiff's counsel. |
02/26/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, a temporary asset restraint, and expedited discovery [10] [11] is granted. Plaintiff's motion for leave to serve process through electronic means pursuant to Fed. R. Civ. P. 4(f)(3) [13] is granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by unauthorized goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Expedited discovery is warranted to identify defendants and implement the asset freeze. Plaintiff may effectuate service of process by e-mail and electronic publication. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with these online marketplace defendants. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. |
02/07/2024 | SEALED DOCUMENT by Plaintiff Gulan Liao memorandum supporting joinder of Defendants on the Second Amended Schedule A 附件: 1:(Exhibit 1) |
02/07/2024 | SEALED DOCUMENT by Plaintiff Gulan Liao Second Amended Schedule A |
02/02/2024 | MEMORANDUM by Gulan Liao in support of Sealed motion 10 |
02/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 3 is granted in part and denied in part. Schedule A 4, amended Schedule A 9, and the Liao Affidavit and Exhibits [12-1][12-2][12-3][12-4] reflecting activity of the defendant internet stores shall remain sealed until further court order. However, Plaintiff has not established any basis for sealing its patent information 5 6 or briefs in support of an ex parte TRO 10 11 12. See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case. be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."). The Clerk of Court is directed, forthwith, to unseal Exhibit 1 5, Exhibit 2 6, and the motions for temporary restraining order 10 11. Plaintiff is ordered to file its memorandum in support of TRO 12 separately on the public docket by 2/6/24. Plaintiff names 67 defendants in this single case and seeks ex parte relief against each of them 11. However, after reviewing the complaint 1, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 2/15/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each amended Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal a second amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on second amended Schedule A. Plaintiff's motion for a TRO 11 (which appears to be a duplicate of the motion at 10) and motion for service by publication 13 will remain under advisement until the joinder issue is resolved. Emailed notice. |
01/22/2024 | ATTORNEY Appearance for Plaintiff Gulan Liao by Shengmao Mu |
01/11/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Motion by Plaintiff to seal 3, Sealed Motions for Temporary Restraining Order 11 12, and Motion for Service by Publication 13 are taken under advisement. No appearance is necessary on 1/16/24. Emailed notice. |
01/09/2024 | NOTICE of Motion by Shengmao Mu for presentment of Sealed motion[11], motion for service by publication[13] before Honorable LaShonda A. Hunt on 1/16/2024 at 10:00 AM. |
01/09/2024 | MEMORANDUM by Gulan Liao in support of motion for service by publication[13] |
01/09/2024 | MOTION by Plaintiff Gulan Liao for service by publication |
01/09/2024 | SEALED DOCUMENT by Plaintiff Gulan Liao Memorandum in support of TRO 附件: 1:Exhibit 3-1 2:Exhibit 3-2 3:Exhibit 3-3 4:(Affidavit Liao) |
01/09/2024 | SEALED MOTION by Plaintiff Gulan Liao Temporary Restraining Order |
01/09/2024 | SEALED MOTION by Plaintiff Gulan Liao Temporary Restraining Order |
01/09/2024 | SEALED DOCUMENT by Plaintiff Gulan Liao corrected Schedule A |
01/08/2024 | MAILED copyright report to Registrar, Washington DC. |
01/08/2024 | MAILED patent report to Patent Trademark Office, Alexandria VA. |
01/05/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category One). |
01/05/2024 | CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
01/05/2024 | SEALED DOCUMENT by Plaintiff Gulan Liao Exhibit 2 |
01/05/2024 | SEALED DOCUMENT by Plaintiff Gulan Liao Exhibit 1 |
01/05/2024 | SEALED DOCUMENT by Plaintiff Gulan Liao Schedule A |
01/05/2024 | MOTION by Plaintiff Gulan Liao to seal |
01/05/2024 | CIVIL Cover Sheet |
01/05/2024 | COMPLAINT filed by Gulan Liao; Jury Demand. Filing fee $ 405, receipt number AILNDC-21491992. |